The Protection Of The Rights Of Homosexuals In China

With the development of the international society,homosexuality movement is becoming more popular,and the protections of homosexuality have made considerable progresses in most countries.Even though the concept of Chinese society for homosexuality has improved a lot,this group is still at the edge of the society,and their rights have not been protected expressively and directly from laws.Then the paper,based on Dworkin theory,aims to discuss the rights protection of homosexuality in China,and makes a preliminary exploration on legal protection for homosexuality group's rights.And the paper is divided into four parts:The first part introduces the general situation of homosexual groups in china.According to the present research results and data collection in the process of writing,it is found that the number of homosexuality population is about 40 million.At the same time,through the study of some hot events and news,although peoples 'acceptance for homosexuality rises,but in contemporary society,most people still keep the attitudes of prejudice toward homosexuals.This is also a social dilemma faced by homosexuality groups in China.The second part,from the perspective of Dworkin's theory,witnesses the legality of the protection of the right of homosexuality groups.And Dworkin's liberal equality view tells us that homosexuality groups have the right to be treated equally.At the same time,the criticism of the moral majority and moral force of Dworkin also tells us that we reject to protect the rights of homosexuality just because homosexuality is not accepted by most social persons.Because most moral values from people may be biased.Finally,Dworkin put forward that the law must reflect the principle,because the principle is to defend minority rights,which also from the legal perspective provides a demonstration for the protection of the rights of homosexuality community.The third part points out the legal problems faced by Chinese homosexual groups.Mainly through the research on the laws and regulations and some typical cases,it is found that homosexuality faces different treatment in legislation and challenges from the application of the law.Next,through the study of social phenomenon and hot news,it is found that homosexuality groups face security dilemma of rights with the same wife and the spread of AIDS in homosexual groups.Finally,back to thehomosexual community itself,the paper is to study the rights appealing of homosexuality groups and their rights dilemma.The fourth part is to seek the ways of protection Chinese homosexuality community,and puts forward the path of breaking discrimination legislation,public law rights protection,and private right protection in the protection of the rights of Chinese homosexuality.In the part of breaking discrimination legislation,we should establish anti-discrimination provisions in the community,and the relevant laws will be invalid due to violation of the Constitution.Besides,the protection of rights in public law in part refers to the criminal law and administrative law shall be carried out on the and straight the same regulation and protection.Finally,the protection of private law field refers to that we gradually realize heterosexual equal recognition and protection in the marriage law and the inheritance law,and civil law.